Forensic strongMedicinestrong in the Next Century Some Ethical Challenges.pdfVIP

International Journal of Offender Therapy and Comparative Criminology Forensic Medicine in the Next Century Forensic Medicine in the Next Century: Some Ethical Challenges José G. V. Taborda Julio Arboleda-Flórez Abstract: The authors, after having defined the concepts of ethics, morality, and legality, debate the main ethical problems that forensic medicine will face in the next century. The authors foresee that the technological advancement will present imposing challenges, includ- ing those concerning genetic manipulation and the keeping of confidentiality regarding elec- tronic files. On the other hand, old problems will recur, the most important being the vital ques- tion of research with prisoners and the use of torture by agents of the state. The authors also discuss the role of the forensic physician in these contexts and conclude that there is a need for international legislative mechanisms that would establish a set of explicit rules of behavior, thus diminishing the possibility of ethical dilemmas. Forensic medicine is the practice of any medical act that is at the direct service of the judiciary power, either enlightening facts of a technical nature indispensable to the correct use of the law before adjudication, or as a result of judicial action being practiced after sentencing. The former would occur in the forensic sphere itself, with the physician acting exclusively as an expert; the latter would happen basically in the prison setting, when both expert and therapeutical actions may take place. Forensic medicine, therefore, can be considered as a very particular form of medical practice. On one hand, it does not primarily aim at the medical benefit of the person under examination (in the case of expert evaluation). On the other hand, when it is essentially therapeutical, the relation established between the doctor and the patient is basically of a triangular nature